Step by Step Guide to finalize your Dual Wills (Primary and Secondary Wills) and Power of Attorneys for both you and your partner with Landmark Law

In order to commence our services promptly and facilitate a smooth estate planning, please provide the following by the stated timelines. Delays in receiving the information may result in closing issues and additional charges may apply. Thank you for your cooperation!

For all the adult children who are reaching out to Landmark Law on behalf of their elderly parents, in accordance with law society rules and our firm’s policy on strict adherence to confidentiality, legal matters are only discussed with our client. As such, communications and meetings are held in strict confidence with the client alone.

If you and your parent both wish to retain our services, each of you will be our "client individually" when retained. Hence, we will be speaking with you alone about your matter and your parent alone regarding their matter. Thank you for your understanding.

Because of these protective measures, please kindly provide us with your parent's direct contact information that is only accessible by them (email Landmark Law your parent's phone number and e-mail). We will reach out to your parent directly.

Full Disclosure and Corroborating Disclosure Documents
We understand sometimes it takes a lot of work to provide necessary compliance documents and information to lawyers. However, to protect your interests and to ensure your Will is administered in accordance with your wishes/testamentary freedom and reducing the risk of being ruled by the Court as being invalid or modified from challenges, these compliance measures are imperative.

The law generally respects your testamentary wishes and freedom to distribute your estate as you see fit, but it also allows parties to make claims against your Estate or the Estate Trustee in fulfilling their duties and obligations. To safeguard and better ensure your wishes are respected, we will from time to time need additional information from you to reduce risks as to doubts of your wishes, your capacity to instruct and whether you were unduly influenced.

As such, full and accurate disclosure of your situation will allow us to better assess any legal implications.  Our legal advise are wholly based on the information you provided and may change when new information comes to light. Thus, you understand the importance of giving us all the facts and of being honest with us. We can only do our best job if we have your trust and are fully informed.  In particular, we ask you to give us all the information you have or have access to, which could help us work on your matter.

Hence, if required and given the circumstances, there may be extra steps that are necessary to safeguard your wishes from future challenges. Such as extra meetings with us, providing us with additional information, filling out additional questionnaire or provision of collaborating disclosure documents. Due to the additional work and time spent, there may be additional fees and we will notify and confirm with you if that is the case.

Confidentiality
Full disclosure with your lawyer is imperative for the proper assessment of your matter to assist you in establishing the best course of action and plan for you. To reiterate what was stated in our Retainer, as lawyers, all information you provide Landmark Law will be kept confidential between us unless expressly or impliedly authorized by you, required by law, our insurers, the Court, or to collect a debt.

Thank you for Your Patience and Understanding
We thank you for your patience and understanding throughout the onerous and demanding estate planning process.

Given Winnie's personal experience and in honour of care givers of beneficiaries with special needs, Landmark Law provides implementing Henson Trust into your Will on a pro bono basis.

Our Dual Wills and POAs package starts at $1,200.00 + HST.

Note: Separate fee quotes will be provided to you when you request customization to the Dual Wills (Primary and Secondary Wills) and Power of Attorneys.

Note: Time expended by Landmark Law in addition to the free 30 minute initial Wills and Estate Consultation will be charged at an hourly rate of $295.00 + HST per hour.

Note: If an in-person appointment for initial Wills and Estate Consultation is absolutely necessary or preferred, the fee for the in-person consultation will be $150.00 + HST for an hour followed by $295.00 + HST per hour thereafter.

i. Schedule your remote initial consultation appointment with Landmark Law
[Book the remote appointment date as soon as possible with Landmark Law]

Book your Appointment: Booking Scheduler [Click Here] or immediately above from the embedded booking calendar

ii. Review the following information on Steps Involved in Remote Meeting:

In anticipation of our meeting, please refer to the following information/steps to keep you informed of what is expected and the setup for the meeting:

Before the meeting:

1. Please prepare two pieces of ID [i.e. Driver's License, Passport, Credit Card; Health Card is not acceptable].
2. Please email us some background information, any relevant documents, your major questions and concerns.
3. Please plan ahead and prepare to attend the meeting at a secure and totally private space with adequate and good soundproofing.
4. It is recommended that you prepare earphones/earbuds/headphones/headsets for use throughout the remote meeting - for clearer audio and somewhat added security.

Note: All information you share with us will be kept confidential between us unless expressly or impliedly authorized by you, required by law, my insurers, the Court, or to collect a debt. Consultations with Landmark Law is a safe environment where you may feel free to divulge any important information and there are no judgments.

During the meeting:

1. First, we will ask for your consent to video recording for compliance purposes.
2. We will ask you to present the two pieces of ID you prepared before the meeting by showing us the front and backside of these IDs. Please present them within the frame of the camera view for it to be captured.
3. After this, we will ask you to present to us slowly a 360 degree view of the location you are at for the meeting and for signing by ensuring that it is of a totally private nature.
4. If applicable, then you will be asked to present each page, one after another, of the relevant documents that require review and signing by holding them up to the camera to be captured. Please present them within the frame of the camera view for them to be captured.
5. It is important to note that throughout the meeting we are not able to pause and allow interruptions from any 3rd parties, as this meeting is private.
6. After these initial prep work before and during the meeting (Steps 1-5), we will proceed with our consultation.
7. To begin the consultation, we will first ask you to please tell us anything you feel are relevant, best if it is in chronological order, we might stop you to clarify and explore any details further through pointed questions if required.
8. Then we will go over your questions, concerns, relevant documents by examining the applicable law and how that law applies to your situation, if applicable.
9. To conclude the consultation, we will go over some options, their advantages and disadvantages (if applicable) and end with next steps.

To retain Landmark Law, please immediately provide Landmark Law with:
[If anything need to be submitted by email to Landmark Law, please email winnie@landmarklaw.ca]
Click Here to send us an Email!!!

i. Email Two valid IDs
(e.g. Canadian Driver's License, Credit Card, Passport/PR; Health Card not accepted.).
Please make sure to submit a clear "front-side" and "back-side" scan or photocopy of your two pieces of identification.

ii. Remit $300 Retainer payable to "Landmark Law Professional Corporation, in Trust" or e-transfer to winnie@landmarklaw.ca
If by e-transfer, please provide Landmark Law with the e-transfer secret password.

iii. Complete the Landmark Law's Standard/Joint Retainer
PDF Retainer to complete by hand and scanned back: PDF Standard/Joint Retainer [Click Here]

iv. Complete Form 1A - Landmark Law's Verification of Identity Form
[Option to either complete online or by PDF]
[To change language between English, Traditional Chinese and Simplified Chinese, you may select them respectively from the drop down menu on the top right corner of the Form.]

Online Form to complete online: Online Form 1A [Click Here] or immediately above from the embedded Form
PDF Form to complete by hand and scanned back: PDF Form 1A [Click Here]


v. Complete Form 2A – Landmark Law’s Standard Will(s) and Powers of Attorney(s) Questionnaire
[Option to either complete online or by PDF]
[To change language between English, Traditional Chinese and Simplified Chinese, you may select them respectively from the drop down menu on the top right corner of the Form.]

Online Form to complete online: Online Form 2A [Click Here] or immediately above from the embedded Form
PDF Form to complete by hand and scanned back: PDF Form 2A [Click Here]

Note: If there are any missing or incomplete information please submit them as soon as they are available to Landmark Law.

Landmark Law will commence comprehensive review of all your submitted information and relevant documents. We will update you throughout the drafting process and let you know if we require more information to complete your Will and Power of Attorney.

Please provide or confirm the following to/with Landmark Law as soon as possible:

i. Any relevant documents or information that you feel is material to your estate planning (i.e., any Domestic Contracts). Details on family relations (family tree and background information on relationship) and Financial Disclosures of each party (i.e., assets, liabilities, insurance policies, etc.).
[We may request more from you or pose additional questions to you or seek your instructions from you on an ongoing basis throughout your estate planning process. Thank you for your understanding.]

ii. Be present and communicate frequently with Landmark Law to stay up to date and provide instructions on your matter. If Landmark Law cannot reach you for instructions or there is a loss of confidence between us, etc. we may withdraw from representation in accordance with our retainer agreement and in compliance with our rules of professional conduct.

iii. From time to time and for the duration of your matter, Landmark Law will request you to replenish the retainer, as it is spent, so that we continue to have enough funds in trust to cover legal services completed and necessary next steps. The retainer is not a flat fee or an estimate of the cost of your work.

Note: Until you provide us with a retainer or replenish it when it is exhausted, we will not work on your file, and no steps will be taken on your behalf.

i. Review the following Video Explanation of Landmark Law's Standard Will and Power of Attorney:

These videos are provided for ease of understanding with general overview and explanation of Landmark Law's Standard Will and Power of Attorney. Even if your Will and Power of Attorney may be dual Wills or complex or involve uneven distribution, many of the standard clauses are likely incorporated into your Will and Power of Attorney. Hence, a review of these video explanations may provide you better understanding of these standard clauses.

General Explanation of Landmark Law's Standard Will:

General Explanation of Landmark Law's Standard Power of Attorney:

ii. Review your draft Complex or Uneven Distribution Will and Power of Attorney and provide Landmark Law with your comments, questions or concerns.

Once you reviewed, provided your comments and confirmed your review with Landmark Law, schedule your in-person signing appointment with Landmark Law to go over your Will and Power of Attorney in detail and answer any of your remaining questions.
[Book the in-person appointment date with Landmark Law as soon as possible after you confirmed your approval of your draft Will and Power of Attorney to ensure timely execution]

Book your Appointment: Booking Scheduler [Click Here] or immediately above from the embedded booking calendar


iii. Signing Appointment Preparations:
[Landmark Law will not be able to amend your Will and Power of Attorney during the signing meeting as such the final version must be confirmed in advance of the signing appointment]

1. Please bring originals of your previously e-mailed identification (2 valid IDs per person) to the in-person meeting for our inspection.
   
2. Please wear a mask and bring your own pens to reduce exposure and spread of Covid-19.

i. Completing the Will and Power of Attorney signing ceremony with Landmark Law.

ii. Remit the outstanding balance to Landmark Law (e-transfer to winnie@landmarklaw.ca) once you receive Landmark Law's invoice.
[please provide Landmark Law with the e-transfer secret password]

OR

Bring your cheque book and provide payment at the in-person meeting by making the cheque payable to "Landmark Law Professional Corporation, in Trust" for the balance of the invoice.

iii. Landmark Law's will provide you with your Will and Power of Attorney Package for you to take with you and store in a safe and secure place, which includes:

1. Executed/Witnessed Primary Will, Secondary Will and Power of Attorney for you and your partner;
2. Affidavit of Execution for you and your partner;
3. Landmark Law's Final Report for you and your partner;
4. A copy of your Executed Retainer or Joint Retainer Agreement; and
5. A copy of your final invoice.

iv. If you were happy with our service, we would appreciate a 5-Star Google Review and "like" on Facebook/LandmarkLawPC. Thank you again for choosing and believing in Landmark Law!

Questions

Article that may assist you in your Will and Estate Planning Journey:

Wills Involving Minor Children [Click Here], or view the embedded article immediately below: